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The Permanent International Criminal Court: Legal and Policy Issues: Studies in International Law

Editat de Dominic McGoldrick, Peter Rowe, Eric Donnelly
en Limba Engleză Paperback – 29 mar 2004
The idea of an International Criminal Court has captured the international legal imagination for over a century. In 1998 it became a reality with the adoption of the Rome Statute. This book critically examines the fundamental legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court. Detailed consideration is given to the history of war crimes trials and their place in the system of international law,the legal and political significance of a permanent ICC, the legality and legitimacy of war crimes trials, the tensions and conflicts involved in negotiating the ICC Statute, the general principles of legality, the scope of defences, evidential dilemmas, the perspective of victims, the nature and scope of the offences within the ICC's jurisdiction - aggression, genocide, war crimes, crimes against humanity, questions of admissibility and theories of jurisdiction, the principle of complementarity, national implementation of the Statute in a range of jurisdictions, and national and international responses to the ICC. The expert contributors are drawn from a range of national jurisdictions - UK, Sweden, Canada, and Australia. The book blends detailed legal analysis with practical and policy perspectives and offers an authoritative complement to the extensive commentaries on the ICC Statute.
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Specificații

ISBN-13: 9781841132815
ISBN-10: 1841132810
Pagini: 514
Dimensiuni: 156 x 234 x 26 mm
Greutate: 0.72 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Studies in International Law

Locul publicării:London, United Kingdom

Caracteristici

This book critically examines the fundamental legal and policy issues involved in the establishment and functioning of the PICC.

Notă biografică

Dominic McGoldrick is Professor of Public International Law and Director of the International and European Law Unit,Liverpool Law School, University of Liverpool.Peter Rowe is Professor of Law at Lancaster University.Eric Donnelly is a Research Assistant for the International and European Law Unit, Liverpool Law School.

Cuprins

IntroductionDominic McGoldrick and Peter RowePart I - The Origins and Development of the Permanent International Criminal Court1. Criminal Trials Before International Tribunals:Legality and LegitimacyDominic McGoldrick2. Politics, Sovereignty, RemembranceGerry SimpsonPart II - Jurisdiction and Admissibility3. Jurisdiction and Admissibility Issues Under The ICC StatuteIain Cameron4. The Peace and Justice Paradox: The International Criminal Court and the UN Security CouncilDan SarooshiPart III - The Crimes5. The Unfinished Work of Defining Aggression: How Many Times Must The Cannonballs Fly, Before They Are Forever Banned?William A Schabas6. The Crime of GenocideChristine Byron7. Crimes Against HumanityTimothy LH McCormack8. War CrimesPeter RowePart IV - Liability and Defences9. General Principles of Liability in International Criminal LawRobert Cryer10. Defences in International Criminal LawIlias BantekasPart V - Evidence and Victims11. Evidence Before the ICCKevin R Gray12. Victim Participation at the International Criminal Court: A Triumph of Hope Over Experience?Emily HaslamPart VI - National Implementation and Political Responses13. Aspects of National Implementation of the Rome Statute: The United Kingdom and Selected Other StatesDavid Turns14. Political and Legal Responses to the ICCDominic McGoldrickPart VII - The Significance of the International Criminal Court15. The Legal and Political Significance of a Permanent International Criminal CourtDominic McGoldrick

Recenzii

..the book is a formidable collection of essays covering a wide range of topics. an ideal starting point for exploring the ICC and understanding its fundamental characteristics, and is thus particulary valuable for students of the field..the volume offers valuable insights and a handy reference guide for practitioners and academics interested in understanding one of the most important and complex international institutions.
It provides enough detail for the novice to be useful, rather than overwhelming, and its insightful analysis and critical examination will be invaluable for those more familiar with the international criminal justice system generally.
It is a marvelous blend of theory, analysis, and real world politics presented in a coherent and linear fashion.In all, the book provides an comprehensive,..and well-written account of all aspects of the International Criminal Court. The editors have done a fine job of presenting works of outstanding scholars on a complex subject in a book to which many scholars-and certainly this reviewer-will refer for many years to come.

Descriere

This book examines the legal and policy issues involved in the establishment and functioning of the Permanent International Criminal Court.